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Kenya decisions
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Kemei v Republic [2025] KEHC 6012 (KLR)
The High Court quashed a rape conviction and substituted attempted rape, reducing the sentence from ten years to five years after finding proof of penetration lacking.
Awii v Republic [2025] KEHC 5626 (KLR)
The High Court allowed a criminal appeal against a conviction for attempted rape, finding the prosecution evidence was not proved beyond reasonable doubt.
Mukalatyo v Republic [2025] KECA 221 (KLR)
Second appeal in an attempted rape conviction. The Court of Appeal upheld the 20-year sentence but ordered that time spent in custody be credited.
Kingori v Republic [2025] KEHC 849 (KLR)
The High Court dismissed an appeal against conviction for attempted rape, holding that circumstantial evidence, identification of clothing, and medical evidence proved guilt.
Yator v Republic [2024] KEHC 8084 (KLR)
The High Court at Iten dismissed a petition to review a 10-year sentence for attempted rape, holding the sentence was lawful and proportionate.
Wanjiru v Republic [2024] KEHC 5966 (KLR)
The court found that the prosecution proved the offences of robbery with violence, rape, and attempted rape against the appellant beyond reasonable doubt. The identification evidence was reliable, as the complainants had ample opportunity to observe the appellant under good lighting conditions and later positively identified him in an identification parade. The court held that the absence of a Section 106B certificate rendered the Mpesa statement inadmissible, but the appellant's own admission of receiving Kshs. 100 at the material time corroborated the complainants' evidence. The court affir…
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Murithi v Director of Public Prosecutions [2024] KEHC 6253 (KLR)
The High Court allowed a criminal appeal, quashed a conviction for attempted rape and assault, and held that the identification evidence was unsafe.
Wamalwa v Republic [2024] KEHC 3388 (KLR)
The High Court upheld convictions for attempted rape and assault causing actual bodily harm, but ordered the sentences to run concurrently.
Mutala v Republic [2024] KEHC 36 (KLR)
The High Court found that the evidence of the complainant did not support the charge of attempted rape, as there was no testimony of any attempt by the assailant to remove clothes or otherwise indicate an intention to penetrate the victim sexually. The complainant's evidence instead suggested an attempt to take funds from her. Furthermore, the identification of the appellant as the perpetrator was not established beyond reasonable doubt, as the items allegedly linking him to the scene were only identified by close relatives of the complainant, with no independent corroboration. The court held…
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Eremete alias Kichwa v Republic [2023] KEHC 26017 (KLR)
The High Court found that the conviction and sentence on count I (robbery with violence against Kennedy Gitonga) were unsafe and unlawful, as the complainant did not testify and the stolen phone was not recovered, thus the prosecution failed to prove the charge beyond reasonable doubt. On count II (robbery with violence against FN), the court held that the prosecution proved the offence beyond reasonable doubt through the testimony of multiple witnesses, recovery and identification of the stolen phone, and the appellant's failure to explain possession, thus affirming the conviction but reduci…
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